Shared Parental Responsibility for out of State NCP please help!

[beeboah]

Hi,

I recently filed a Pro Se petition to modify visitation to allow visitation time with my son at the interstate level.

In that petition, I filed for shared parental responsibility (which I never had when the order was drafted 3 years ago)

The ex is refusing to give me shared parental responsibility citing that I am not the one who takes him to the doctor when he is sick...it is her.

I reside in Virginia, my son resides in Florida.

Won't the judge see things the same way?

The reason that I want this so bad is that the ex perpetually comes up with fake illnesses for herself and my child.

She said that she had HIV and Lyme disease then later changed her mind.

Last week, she indicated that my child was urinating blood. I think that this is yet another lie.

The final dissolution of marriage does not say anything at all about shared parental responsibility.

However, it does say that she is the primary residential parent.

It is my understanding that shared parental responsibility is presumptive.

It is also my concern that joint custody in Florida is presumptive, but it rarely happens!

What are my chances of getting Shared Parental Responsibility and will my efforts be thwarted because I now reside out of state?

Thank you so much!!!

[Ref]

Hi!

My DH and I live in PA and ex and SD live in FL. He has Shared Parental Responsibility. In FL it looks like it is presumptive and unless you have jail time or have disappeared, I can't imagine why you wouldn't get it.

The argument that she takes him to the Dr is crap. I don't think a judge will limit your rights because this is something she has done.

To cover your butt, get a good pediatrician in your area for him. Also obtain his medical records from his current pediatrician and have them sent to the one in your area.

The fact that she has this illness issue makes me think she may have Munchousen Syndrome. This could have horrible consequences. If you think this is possible. Contact all the emergency rooms in her area and send them a FERPA letter (you can get a sample on this site). Make sure she isn't taking him there excessively.

The county that DH's case is in has a horrible Shared Parenting Agreement. Look over it and edit it the way that makes sense. If you want you can PM a copy to me and I will let you know if there were specific changes that I wish DH made.

BTW, DH found his judge very family frendly and he didn't side with BM at all, so all is not lost!

Good Luck
Ref